Terminology
Our Company, Company
This refers to Splash Work Animations or SWA (an acronym of Splash Work Animations).
Our Mail Server
This refers to when the e-mail goes through our server at the address of mail.swadesign.co.uk.
Secure Storage Facilities
This refers to a form of hard drive storage that holds information that cannot be altered without authorisation from SWA.
Client
This refers to a customer of Splash Work Animations who has used or is using one or more of our services.
We, Our
This refers the company, Splash Work Animations or SWA (an acronym of Splash Work Animations)
You, Your, Yourself
This refers the the customer or client who is using our website or services.
Mail Application
A program we use to view / send e-mail to our clients.
Go Live, Going Live
When your website is available for public viewing.
SWA Cloud
Online Cloud Service built by SWA.
Ad247
An online self-advertising service built by SWA.
Start of Terms & Conditions
1. Entering our domain swadesign.co.uk which includes any sub-domains, folders and directories.
2. Making contact with us in person, e-mail or telephone or any other communication service.
Quote
1. Once the price of the quote is agreed upon either in person, or digitally over the internet via email or other messaging services, it cannot be changed unless of arithmetic error from SWA.
2. The agreed digitally drawn design can be altered in colour, text and image but cannot be dramatically changed once agreed upon.
Deposits
1. A Deposit is 50% of the service cost at the price agreed in the quote, excluding hosting.
2. A Deposit should be paid in cheque, cash or bank transfer.
3. A Deposit should be received within 30 calendar days.
4. If not received after 30 calendar days, a 5% interest charge will be added.
5. The interest charge will double for every 30 calendar days the payment is not received.
6. A Deposit is a non-refundable payment.
Development
1. The agreed design can be altered in colour, text and image; however the type of service cannot be changed.
2. The quoted price cannot be altered.
3. A development payment is 50% of the total service cost, plus any other associated costs that are required for the service provided.
4. Development cannot go ahead without a fully paid deposit
5. We cannot be held responsible for any third party involvement in the development.
Hosting
1. Our hosting is served from a VPS (Virtual Private Server) and/or Dedicated Server.
2. We do not host any material we class to be inappropriate or may hold SWA liable to action by a national or international law.
3. You are allowed up to 1 hour maintenance per month on your website service to edit or update your website. Any longer maintenance may require a separate charge.
4. Further maintenance is charged at £30.00 per hour excluding VAT charges.
Emails
1. When we receive e-mails through our mail server we have the right to delete, edit, add and block domains, ip addresses and specific e-mail addresses.
2. We aim to respond to within 48 hours of receiving the e-mail on our mail application unless pre-stated otherwise.
3. We cannot be held responsible for not receiving, deleting or not replying to unwanted e-mails or non-clients of SWA.
Hosting Payments
1. A hosting payment covers the cost to host your website on our server and help invest in future equipment to improve or enhance your service.
2. Hosting Payments should be paid in cheque, cash or bank transferred.
3. Payment should be received within 30 calendar days
4. If not received after 30 calendar days, a 5% interest charge will be added.
5. The interest charge will double for every 30 calendar days the payment is not received.
6. Hosting Payments can be refunded, according to the Refunds section.
Cloud and/or Cumulus Purchases & Payments
1. Purchases for the Cloud and Cumulus services help extend the content of your website through adding pages and storage for media such as images, videos, documents and music.
2. Purchases should be paid via the Payment Form which is hosted by SWA
3. Transactions are secured and under the terms of PayPal, Inc.
4. If found to be falsely purchasing any services or items through means of cheating or hacking the system, you will be find the total amount plus interest at 20%.
5. False purchases much be paid within 7 days notice or interest will be doubled every 7 days prior to payment due.
6. For Refunds, see Refunds section.
Refunds
1. Refunds are paid out within 7 days of notification of website being terminated by SWA.
2. Refunds of Hosting Payment will be calculated by the amount owed minus the amount left to pay that following year or month, depending on if they client pays hosting monthly or yearly.
3. Deposit is non-refundable
4. Development refunds can only take place before the website is live.
5. Development refunds are calculated as cost of service minus deposit.
6. Refunds for Cloud and/or Cumulus purchases are only paid out under the terms of PayPal, Inc.
7. E&OA before payment of service
8. You service with us must have ended or been terminated with us before you can receive a refund, see Termination of Contract and Your Right to ending Your Contract.
Your Data
1. We cannot be held responsible for data you delete, misuse or destroy.
2. We cannot be held responsible for any security issues that are not proven to be our server-end or business-end problem.
3. Data is backed up approximately every 30 calendar to an offline secure storage facility.
Our Rights to ending Your Contract
1. Once a website is live or a graphic design has been fully designed we have the right to terminate a contract and over rule your rights with valid reasoning:
- More work than agreed with client without payment
- Excessive demand of work
- Abusive language or actions to SWA
- Illegal material or content that appears on your website or advert
- Attempts of hacking and misuse our service.
- Refusal of payment.
Your Rights to ending Your Contract
1. Once a website is live or a graphic design has been fully designed you have the right to end a service with valid reasoning.
Termination of Contract
1. Once a contract has been terminated, you are still under the terms and conditions of SWA but will not receive any of our services.
2. If any contact is required after termination of contract, it must be made within the first 7 calendar days after contract has terminated.
3. After 7 calendar days, we will be offering no further support on your enquires.
4. If you are wanting to use any of our services again, you will treated as a new customer and go through our process from the beginning
5. If you service was website design, you will receive the following from us:
- Current and Previous content that is/had been on your website (.txt format only).
- Images used for your website (non-editable formats only)
- Domain Name (option to transfer it to your desired company)
6. If Domain in not transferred within the 7 calendar days of termination of contract, it will be released for the public to buy.
7. We cannot take responsibility as to who buys your domain next, once it has expired or transferred to a different company.
Privacy Policy
Personal Information
1. Under the information act 1998, we will provide you access to only your data so corrections can be made to allow us to provide correct information about yourself.
2. We store:
- Your Name
- Business Name
- Address
- Telephone Number.
3. No banking credentials are stored on our system or server
4. When you end your contract with us, we keep your personal data on archive for future reference and statistic uses only. 5. Statistic information generated is anonymous and not targeted at any individual.
5. No information is passed onto any other party.
E-mails
1. We store all e-mails that go through our mail server for reference and evidence purposes.
2. No e-mails are forward or copied to anyone other party.
Hosting
1. Our servers are stored securely in an secure building.
2. Our servers are protected online through a series on secure credentials limiting access to the server, your files and content of your website from the internet and potential hackers.
3. While you are in development, your files are stored in a protected directory which can only be accessed by yourself via a username and password we provide for you - only SWA and yourself have access to it. We cannot be held responsible for credentials been overhead, overseen or through your own responsibility
4. If your website has a control panel or is part of the SWA Cloud you have further protection over your data by limiting control of to the content on your website, as your website files and content of which are stored separately and data is not deleted without permission from the client.
5. All data on the server is logged continuously
6. Our servers are not accessed by any external party.
Cookies
1. Cookies are small pieces of information stored in your browser.
2. They are used only in our Cloud Service.
3. We use them to help display the relevant information on the page to you.
4. They are not used for tracking your activity across the web.
5. They are active as soon as you log into the cloud service.
6. When you log out, all cookies are cleared.
If you do not agree with anything in our legal notes please contact: hello@swadesign.co.uk
We will try to respond to you matter as quickly as possible and notify you when / if changes are made.
© Splash Work Animations 2012. This Document must not be copied or reproduce with prior permission of SWA. E&OA These current legal notes are in place of the 14th February 2012. This document was amended on the 14th February 2012 since the 29th April 2011.